GOPAL NATH Vs. BANK OF INDIA

JUDGEMENT

(1.) THE petitioner at the relevant time was employed as a clerk/cashier of the Bank of India, bhubaneswar Branch. The Executive Regional manager, Eastern Region, Bank of India by a memorandum dated 3rd January, 1976, inter alia, stated that it had been reported against him that on 25th November, 1975 within the bank hours he had indulged in shouting and abusing the Area Manager and an officer of the Bank of India and the officers in general in filthy, indecent and vulgar language. The executive Regional Manager called upon the petitioner to explain within 7 days of the receipt of the said memorandum why disciplinary action should not be taken against him. The executive Regional Manager, Eastern Region by the same order suspended the petitioner with immediate effect from the services of the Bank pending enquiry into the petitioner's aforesaid acts. The petitioner was to receive subsistence allowances according to the rules. On 21st january, 1976 the petitioner by a letter addressed to the Executive Regional Manager of the Bank denied the said allegations against him. He also protested against his supension.

(2.) THEREAFTER, on 29th of April, 1976 the petitioner obtained the present Rule. He has, inter alia, prayed for a writ of mandamus commanding the respondents to recall and withdraw the aforesaid order dated 3rd January, 1976 and for commanding them to forbear from giving effect to the said order. The petitioner has also prayed for commanding the respondents to pay his usual salary and allowances from january, 1976 less the amounts already paid.

(3.) THE respondents 1 to 5 have not filed any affidavit -in- opposition to the writ petition but they have craved leave to rely upon the affidavit in- opposition filed on their behalf at the interlocutory stage of this Rule. The said respondents had annexed to the said affidavit a copy of the charge-sheet dated 23rd April, 1976 issued by the Executive Regional Manager, eastern Region against the petitioner in respect of the aforesaid alleged incident dated 25th November, 1975.